10-23-2004, 02:31 AM | #11 | |
Lord Ao
Join Date: May 27, 2004
Location: Canada
Age: 43
Posts: 2,061
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Quote:
It's a bit different in Canada, not that that helps answer a question that likely presupposes American jurisdiction. The Charter of Rights and Freedoms (a constitutional document) came into force in 1982 and has had a profound effect on all areas of Canadian law. I recall that there's a lesser chance of transferred intent succeeding, depending of course on the specific situation. [ 10-23-2004, 02:32 AM: Message edited by: Aerich ]
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10-23-2004, 05:50 AM | #12 |
Baaz Draconian
Join Date: May 24, 2004
Location: Bundaberg, Queensland, Australia
Age: 35
Posts: 721
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well I'm not expert but i did do Legal Studies for two terms and we did manslaughter and all that.
They would be guilty of attempted murder and level 2 manslaughter - if proved guilty can spend up to 30-50 years in jail (in australia).
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10-23-2004, 06:08 AM | #13 |
Ironworks Moderator
Join Date: March 1, 2001
Location: Scotland
Posts: 2,788
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Murder and attempted murder. Here in Scotland we have a neat way of getting round the legal conundrum of someone copping to a lesser charge in these circumstances.
There would be no dispute that attempted murder is the correct charge with regard to the primary target.The arguement would be made that, as the shooter had no intent to kill the second party, then a lesser charge of culpable homicide should apply. Not so, here we have the concept that if an action is so wickedly recklessthat it demonstrates equivalent culpability to clear intent, then a murder charge is sustainable. The classic definition of murder in Scots Law is thus "Murder is constituted by any wilful act causing the destruction of life, whether intended to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of the consequences."
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10-23-2004, 11:15 AM | #14 |
Vampire
Join Date: January 29, 2003
Location: Sweden
Age: 43
Posts: 3,888
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Firing at someone when there's a risk of hitting a bystander is reckless, but will that in and by itself effect the charges against the shooter?
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10-23-2004, 12:26 PM | #15 |
Symbol of Cyric
Join Date: September 20, 2004
Location: Maine, feel sorry for me
Age: 33
Posts: 1,163
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well, if its in self-defense, it can be debated. and if people have good lawyers, they can (from what ive heard) add a bunch of other stuff on top of attempted murder and mansloughter for the fun of it. disturbing the peace, holding a firearm in public (not sure about that one) etc. now why would you ask us this? did something happen that your not telling us? hmm? [img]graemlins/1ponder.gif[/img]
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